Do I Need a Lawyer to Create a Prenuptial Agreement?

As with any other type of contract, it is completely possible to create a prenuptial agreement—also known as a prenup—without the help of an attorney. This legal document, however, can at times be complex in nature, particularly if one or both parties maintain investment accounts, have business ventures, or own a significant amount of property. Although couples are not required to hire an attorney when creating a prenuptial agreement, they will certainly benefit from consulting with one. In fact, each party involved in the prenuptial agreement should seek assistance from a different attorney.

Couples can prepare a prenuptial agreement for a wide range of circumstances and scenarios with the assistance of an attorney, such as setting up a plan for alimony based on the duration of the marriage. A legal professional can help couples arrive at an arrangement both parties can accept and observe over the course of their marriage. If the terms stipulated by the parties in their agreement are deemed unreasonable or too challenging to follow, then the judge may opt to refuse the enforcement of the contract. An attorney, therefore, will be able to help the couples create a pact that is actually feasible and that both parties can live with for the long term.

Creating a prenuptial agreement involves numerous legal requirements which the couple may not be aware of or completely understand. An attorney will be knowledgeable of Colorado laws, and ensure the prenuptial agreement is enforceable and valid. He or she can also see to it that both parties fully disclose their assets and debts, as well as guarantee that both parties understand and agree with the contents of the contract before signing it.

While it is possible for both partners to use just one attorney when creating a prenuptial agreement, it would be best for each party to have their own attorney who can help each party understand their legal obligations and rights under the contract. With independent legal counsel, each spouse can also rest easy knowing neither spouse will be taken advantage of by the other spouse in the unfortunate event of a divorce.

If there are important assets that need to be protected, investing in the services of an attorney will be invaluable. That being said, it is best that both spouses first discuss essential elements of the prenuptial agreement and write up an outline or draft agreement before actually asking the lawyers to create a draft or to write up the final contract.